Adultery is voluntary sexual intercourse between a married person and a person who is not his or her spouse. Adultery is a leading cause of divorce, and in some states may be relevant in determining who was at fault for the breakup of the marriage, and whether the innocent spouse is entitled to an unequal division of the assets.
In Texas, adultery is defined as voluntary sexual intercourse between a married person and someone who is not their spouse. It is considered a fault ground for divorce under Texas law. When a spouse files for divorce on the grounds of adultery, they must prove the infidelity to the court. Adultery can impact the outcome of divorce proceedings, particularly in the division of marital property and the determination of spousal support. Texas is a community property state, which typically means that assets acquired during the marriage are divided equally. However, if adultery is proven, the court may award a disproportionate share of the community estate to the innocent spouse. Additionally, adultery may affect custody and visitation rights if it is shown to have a negative impact on the children. It's important to note that while adultery can influence the financial and custodial aspects of a divorce, it is not a criminal offense in Texas.
